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What Happens if I Park in Front of an Illegal Driveway in NYC?

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Last Updated on September 5, 2023 by Lawrence Berezin

parking ticket justice is blind

Can I block an illegal driveway?

It is lawful to park in front of an illegal driveway. But how do you determine if the driveway is illegal? That is the million-dollar question.

Let’s begin at the beginning.

The Driveway Definition and Rule

Firstly, what is the definition of an NYC driveway and the rule prohibiting parking there?

quotation marks in red

Driveway

Every entrance or exit authorized under applicable law and used by vehicular traffic to or from lands or buildings abutting a roadway.

The Driveway Rule

4-08(f) General no standing zones (standing and parking prohibited in specified places). No person shall stand or park a vehicle in any of the following places unless otherwise indicated by posted signs, markings, or other traffic control devices or at the direction of a law enforcement officer:

(2) Driveways. In front of a public or private driveway, except that it shall be permissible for the owner, lessor, or lessee of the lot accessed by a private driveway to park a passenger vehicle registered to them at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and further provided that such parking does not violate any other provision of the Vehicle and Traffic Law or local law or rule concerning the parking, stopping or standing of motor vehicles. The prohibition herein shall not apply to driveways that have been rendered unusable due to the presence of a building or other fixed obstruction and, therefore, are not being used as defined in §4-01(b) of these rules

We know a driveway is:

  • An entrance or exit
  • Authorized by law
  • For chariots
  • To enter or exit to or from lands or buildings
  • Abutting a roadway

But a driver can’t:

  • Stand or park in front of a driveway
  • Unless a chariot is registered in her name
  • At the address of the driveway

However, this rule does not apply to driveways that have been rendered unusable:

  • Due to the presence of a building
  • Or other fixed objects
  • And is not being used as a driveway (entrance or exit to the property)

Or, an affirmative defense would be proving a driveway is illegal.

Did the NYC Building Department approve the curb cut?

Curb Cuts

As of August 28, 2017, it is mandatory to submit all curb cut filings in DOB NOW: Build.

A curb cut is a dip in a sidewalk and curb that enables a vehicle to drive to a driveway, garage, parking lot, loading dock, or drive-through. Before beginning a curb cut project, the Department must approve the proposed plans to confirm that the design meets safety and zoning requirements – and then issue a work permit. Construction permits for a curb-cut project will have different expiration dates, so plan accordingly.

Other City agencies also regulate curb cuts. For example, you must have sidewalk and curb permits from the Department of Transportation’s (DOT) Office of Construction Mitigation Coordination and install curb cuts according to DOT’s specifications. Contractors installing curb cuts must have a Home Improvement Contractor license from the Department of Consumer Affairs.

Curb Cut Permits & Your Project

  • Complete the work permit application and submit the required documents through DOB NOW: Build.
  • Obtain the Department’s application approval.
  • File for and pull all construction permits.
  • Complete the work.
  • Close the curb-cut construction process.

FREE Download

Can you stop in front of a NYC driveway?

Larry’s Driveway Guide

Here is one of Larry’s all-time favorite cheat sheets. You’ll learn:

  • The NYC Traffic Rule, 4-08(f)(2)
  • The definition of a “driveway”
  • The NY State Law stating how to remove a driveway blocker
  • Five Driveway Mistakes That Spell Disaster
  • A fascinating list of the ten most blocked driveways in NYC
  • And much more…
Money-Saving Driveway Guide

Illegally Installing a Curb Cut

Contractors who illegally install a curb cut – and the homeowners who hire them to do so – can face OATH/Environmental Control Board violations, court appearances, fines, and civil penalties. These costs can add up quickly since illegal curb cuts typically have multiple violations that must be corrected.

Overview of Curb Cut Requirements

Proposed work must meet specific technical requirements. You must hire a New York State licensed Professional Engineer (PE) or Registered Architect (RA) to submit your curb cut permit application to the Department.

NYC driveway

Minimum Distances from Sidewalk Obstructions

  • Trees: 7 feet
  • Hydrants: 7 feet
  • Light Poles: 7 feet
  • Street Signs: 7 feet
  • Utility Poles: 7 feet
  • Phone Booths: 10 feet
  • Residential Zone Easements: 5 feet
  • Adjacent Driveway Edge: Varies with the zoning district

Parking Spaces

  • Minimum Dimensions: 8.5 feet x 18 feet
  • Location:
    • Varies with the zoning district
    • Side, front or rear yard
    • Within your building lines
    • May not encroach the sidewalk

Check out community zoning restrictions

For example, in Carroll Gardens:

quotation marks in red

The NYC Department of Buildings issued tickets to three homes. Meanwhile, the visit followed a newspaper report that many residents of Fourth Place between Smith and Court streets were violating city zoning. That is to say, zoning law forbids parking in the front yards.

In other words, decades-old zoning laws are designed to keep the gardens that give the neighborhood its name designated such front yards as part of the street and not the homeowner’s lot, Thus giving the city oversight about what is a permissible use.

Two homes were summonsed for illegal front yard parking, and the third was found to have an unlawful curb cut.

 

“Parking is not permitted in front of the building,” spokeswoman Carly Sullivan added that a curb cut is legal only if the parking area is on the side or rear of the home in question.

Commentary

I’ve written many blog posts about parking in front of a driveway. But this blog post refers to raising the defense of an illegal driveway.

In other words, you have to investigate whether the curb cut is legal.

In conclusion, If the curb cut was not legal, you’ve got a winning defense as long as you present the proper proof properly.

That is to say, the proper proof would include the results of your curb-cut search.

Check out the diagram and information above that sets curb cut requirements. If there is a tree two feet from the curb cut, it’s not a legal driveway.

Good luck.

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Larry says:

 

I have retired and will not be answering comments or questions.

Thank you!

 

31 Comments

Nev •

Hey Larry,

I just been in Brooklyn for the past week (01/07/19) and I have 2 parking tickets. I truly had a difficult time understanding the parking signs. I see the markings on the road; I see the signs on the posts; I see the “Except” signs and have been really confused.

Because of your site, I was able to get a better understanding of what the signs mean. Is there anything that can be done because of ignorance? I hate the thought of paying $70 for parking violations.

Thanks

Nev

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SD •

hi,
i understand the rules of curb cuts however my question is related to the “wild west” style of homeowner parking in my brooklyn neighborhood. some curb cuts look self-made and many people just simply keep their cars off street in front of their homes with no curb cuts and post “no parking” signs (some look slightly official and some look like they are bought at Lowes!). How can I find out who is legal and who is not? there is only one new construction that looks to have a city issued no parking sign. I’m not trying to get a brick thrown through my window but really want to know. It’s a blood sport when everyone keeps their car in their front patio!

Lawrence Berezin •

Hi, SD,
I understand completely.
1. You are not permitted to “save a parking space.” Homemade signs have no power.
2. Here’s a link to finding out whether curb cut is legal

Good luck.
Regards,
Larry

Dan •

A approved legal curb cut must be noted somewhere on a property’s Certificate of Occupancy (C of O). My 1960 C of O calls it a ‘driveway permit number’. Other C of Os may call it a ‘Curb Cut number’ or something similar. But note that homes only built from 1938 onward are required to have a C of O, which rules out many NYC homes. AFAIK there is no publicly available database of legal NYC curb cuts. Maybe the NYCDOT has an internal database of curb cuts. Private detached and attached garages are noted in city databases but the accuracy is hit or miss. On my block alone 2 or 3 garages are not correctly identified as such.

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Paul •

Hi Larry,
My neighbor has a curb cut that isn’t used for vehicular traffic. A former garage on the land was converted to an apartment years ago and steel barrier was erected that rendered the driveway unusable. However, they want to reserve the curb for their exclusive parking use and have put up “will tow at owners expense” signs. What’s the best remedy to report this? Does the city ever remove curb cuts that were once legal?

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mike roberts •

I OWN A 1 FAMILY HOME IN EAST FLATBUSH MY WHOLE BLOCK HAS DRIVEWAYS THE WHOLE LENGTH OF THEY HOME EVERYBODY BUT ME….U WOULD THINK THEY PARK THEY CAR STRAIGHT OR PARK THE CARS THE NEVER USE IN THE GARAGE OR DRIVEWAY NOPE ON E42 ST BETWEEN I/J NOT THEM …THEY RATHER U GO FOOD SHOPPING ONLY ON STREET SWEEPING HOURS ON TUES OR U WILL B PARKING ON THE CORNER OF A NOTHER BLOCK SHOWING YOUR FOOD TO THE BLOCK AS U STRUGGLE HOME …..SAD IMAGINE AFTER SHOVELING YA CAR BUT CANT LEAVE WATCHING EVERYONE ELSE JUST GO……I WILL NEVER BUY ANOTHER HOME IN NYC PS LIVED HERE FOR OVER 45YRS BUT NEVER AGAIN! SIGN TAXPAYER 4 WHAT>?

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Lena •

Hi Larry,my neighbor has one family home with a long driveway on one side of the house, on the other side of the house they have plants a locked gate,they painted the pavement yellow line and if you park there they put a sign that they will have your car towed and the note is sign by a policeman who lives there is this legal

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Lawrence Berezin •

Hi, Lena,
Good afternoon.
First, your neighbor cannot paint the curb yellow. There is a substantial fine for defacing the curb.
If you’re describing an actual driveway (curb cut that allows vehicular traffic to enter and leave the property), then you can’t block it.
If it is not a legal driveway, then it is legal to park in front of the curb.

Good luck.
Regards,
Larry

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jennifer Praeger •

I got a ticket for parking in what looked like an alley – way too narrow to be a “driveway”. The curb was cut and there were “do Not park Signs” but they were behind the garbage cans (which were in the driveway/alley”. Is there a minimum width for a legal driveway?

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roy •

Hello,
I got a ticket for blocking a gate. The owner has 5 signs that say “do not block: driveway, however, there are curb cuts to indicate a legal driveway. It’s a normal sidewalk. This ticket left on the windshield is unreadable. How do I fight this ticket and report the homeowner? This is too much I tried speaking to them the guys said to me ” park if u feel your car is safe” I

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Lawrence Berezin •

Hi, Roy,
Good afternoon.
Man olive. There is no parking violation for “blocking a gate.” So, my first question is, was the ticket a legal parking ticket or a scam ticket? I would check the 10-digit summons number online.

If it’s legal, was the curb cut legal?

If you were charged with parking in front of a driveway violation, a winning defense is proof that the curb cut was not legal.

Good luck.
Regards,
Larry

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cindy •

This was really helpful, thank you. I received a ticket for an illegal driveway that belongs to a business. Unfortunately, they are friends with a particular ticket agent that comes when they call and he issued me a ticket that he folded up and placed in the crease of my car hood. I didn’t see it until arriving home and when I fought it with all the evidence I was denied because my pictures were not timestamped at the time of the violation. I tried getting an image from neighboring businesses (I live in the area) but none of their cameras face that location. I plan on appealing based on principal (because it is an illegal driveway). I’m curious to know if I was illegally parked in a business’ driveway, wouldn’t I have been towed instead of ticketed? and also, since fighting my original ticket NYCDOT has actually changed the sign so that now you can no longer park there. I wonder if that is not sufficient evidence to suggest that it was legal.

thank you!

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BS •

Hi – i received a parking ticket on 07/07 for obstructing a driveway with the complainant’s comments of “Complaint by owner”. Two things here, the first is I am the owner of this property an second there is no driveway. Not even a curb cut on the sidewalk so this really baffles me why i was issued a ticket for driveway obstruction. How can i go about getting this dismissed?

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Lawrence Berezin •

Hi BS,

Good afternoon.
That is very weird.
A real “head-scratcher!”

If you don’t mind, I’d love to look at the parking ticket. Kindly take a photo of the ticket and email it to me. Or, if you prefer, send me the 10-digit summons number.
Meanwhile, my email address is, larry@newyorkparkingticket.com.

I’d love to figure out why they did this? Was it simply a mistake or nefarious behavior.

Regards,
Larry

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